The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-04


At the chancery court yesterday after
noon the following bill for q decree was
filed by Attorney General George B. Pc
tiers against d. P. MADDEN, president OF
the Taxing District;
''The State OF Tennessee, complaining
through George b. Peters, the attorney
general of the criminal court OF Shelby
county, Tenn, respectfully states to the
court that the Taxing District OF Shelby
county, Tenn, for whose use this suit is
brought, is a municipal form of govern
ment, created by the laws of Tennessee,
and various officers and agents are desig-
mated and provided for the administration
of its local affairs.
"Among its governmental agencies thus
prescribed by law are board of fire and
police commissioners, composed OF three
members, one of whom is the president of
said board and the executive officer OF said
Taxing District. The defendant, ID. p.
MADDEN, is now such president and execu-
tive officer, and has been for the past five
or six years.
"By the seventeenth section OF the act
creating said Taxing District, all the officers
and agents employed in the administration
of said local government are declared to be
the officers and agents OF the State, and all
of its officials charged with the disbursing
or performing any other acts concerning
the taxes or the revenue Of said Taxing Dis
trict are liable for all breaches of duty
touching the same, as are other State and
county officials, in regard to the like serv-
ices and acts, and may be proceeded
against civilly and criminally in the same
manner; and it is made the duty OF the
encouragement OF the county in which
said local government is situated to enforce
all such remedies civilly and criminally
against the delinquents, just as in the case
of State officers.
''The complainant further states that by
the law creating said Taxing District no
contract for work or labor done, or sup
plies or materials furnished for said
| Taxing District can be entered into by
said commissioners without and until the
same has been approved by the board OF
| public works upon an estimate OF cost,
etc, being furnished 10 them and until il
has, after advertisements for bids thereon,
been let out 10 the lowest responsible
bidder and has, furthermore, after be.
ing 80 let out, been signed and approved
by majority OF the members OF both
boards and by the other contracting party
and has been duly recorded in q book 10
be kept for this purpose.
''The money OF the said Taxing District
is TO be held by the county trustee oil
Shelby county, and can be paid out only
on the warrant OF at least two of said
members OF the board Of fire and police
commissioners.
''The complainant further states that
each and all Of the members OF the said
board OF fire and police commissioners, in.
GLIDING the president thereof, are pro.
hibited by law from becoming Interested
directly or indirectly, nearly or remotely,
in any contract made with or in behalf oil
said Taxing District under the same penal
ties imposed by the act creating said gov.
eminent.
''The complainant further states. through
the attorney general OF the local distric,
aforesaid, that the defendant, ID. p. Had.
den, by virtue Of purchase made by
him on the 22d OF July, 1885, is the
owner in fce-simple Of the following prop.
erty lying in Shelby county, Tenn,
and within the limits OF the said
Taxing District or city OF Memphis, viz:
Two lots adjoining each other-thc one
on the southwest corner Of Causey and old
| Elliott streets fronting lG0 feet on
Causey street, and running back 800 feet,
more or less and the other lot, south OF
and adjoining the above, fronting sixty
feet on Causey street and running back
between parallel lines one hundred and
eighty (lS0) feet.
Complainant states that shortly after
the purchase OF said property bysaid Had
den, to.wit in the fall OF 1886, or the early
part OF 1886, he wrongfully and illegally
expended large amount Of the money
belonging 10 said Taxing District, viz:
About the sum OF nine thousand dollars
| $4,000, (the exact amount being
unknown 10. complainants), in i'm.
proving and erecting buildings upon
the said lots, which were then and are now
his individual and private property. The
said expenditures Of public money were
made on said property, without the neccs-
sity thereof and the contracts therefor, and
being determined and approved by the
board OF public works, and without any
advertisements for bids being made there.
for, and without being let out TO the low.
est bidder, all OF which was required by
law 10 be done; aud they were paid for out
OF the funds Of the Taxing District upon
warrants drawn upon the county trustee
| by the said MADDEN. ms a commissioner,
and by one Of the other commissioners.
Complainant further stat9s and charges
/ that the said sum OF about lime thousand
dollars 5000, belonging 10 said Taxing
District, was expended under the personal
orders and directions OF the defendant, ID.
i. MADDEN, rs complainant Is informed,
and without any knowledge on the part OF
the other fire aud police commissioners, OF
| OF the members of the board OF public
works, "a 10 how the title Of said property
stood, or what said MADDEN owed the
same.
"rhc said public revenue was expended
In hauling immense quantities OF dirt,
and herewith filling up portion Of said
lots, through which the bayou runs
| (which said hauling and filling up alone
cost the said Taxing District about II! 200,
as sppcars from the receipts on iile):
and in furnishing and driving heavy
timbeB rs piling on both sides OF said
bayou acruS almost the entire depth OF
said property; and In erecting a cover and
shed over said bayou, and In building and
erecting two large substantial stables, two
large sheds and two residences all oi
/ which work and improvements, Ms above
stated, cos, the said Taxing District about
the sum Of $1,000. and all OF which werc
done and expended by the defendant, u.
l.. Iladden, upon said lots, which were
thcn, and are now, his own individual and
private property, except that n porlibn OF
one Of the said stables WIS built upon a
lot claimed TO DO owned by the heirs Of W.
Il. Butler and for which they have brought
suit.
"rhe complainant states and charges
/ that tho dcfcndant II Il uad,I.n lao ~,